Medical Amnesty Policy

Medical Amnesty Policy

Abstract:
UAB is committed to ensuring that students obtain timely medical assistance for themselves and their peers. This policy sets forth conditions under which students will not be subject to conduct action for consumption of alcohol while seeking medical assistance.
Effective Date:
1/13/2015
Contacts:
None Assigned
Administrative Category:
Applies To:
Students
Material Original Source:

University of Alabama at Birmingham  

Office of Student Affairs 

MEDICAL AMNESTY POLICY 

(Edited August 24, 2017 to reflect changes in unit titles and organizational structure) 
 
 

RELATED POLICIES
Student Conduct Code
 

 

POLICY STATEMENT 

The University of Alabama at Birmingham (UAB) encourages a living and learning environment that promotes the health and safety of all members of the UAB community.  The University is committed to ensuring that students obtain timely medical assistance for themselves and for their peers.  As such, students are encouraged to make responsible decisions and to seek medical attention in serious or life-threatening situations that result from alcohol consumption. 

If a student is so intoxicated that s/he is unable to be awakened, letting that person "sleep it off" is not a reasonable alternative to getting him/her the necessary medical help. Students may be hesitant to seek assistance in such circumstances, because of fear of potential conduct consequences for themselves or because of a fear of potential conduct consequences for the person in need of medical attention. 

If medical attention is required, students should immediately seek professional medical assistance by calling UAB Police at 934-3535 or 911.  A student who seeks emergency assistance on behalf of himself/herself, another student, or someone else who appears to be experiencing an alcohol-related emergency, will not be subject to conduct action under UAB Student Housing & Residence Life Conduct Procedure and/or the UAB Student Conduct Code, except when it has been determined that another violation of university policy has occurred (for example, destruction of university property, fire safety violation, physical harm to another student, failure to comply, etc.). 

In order for this policy to apply, the student must agree to complete recommendations made by a Non-Academic Student Conduct Resolution Officer.  A Non-Academic Student Conduct Resolution Officer may assign educational requirements such as alcohol education and/or alcohol assessment.  Failure to complete recommended educational requirements may result in conduct action.
 

PROCEDURE 

Whenever a student self refers for medical assistance or assists an intoxicated individual in procuring the assistance of UAB police, local, or state police, UAB Student Housing & Residence Life staff, or other medical professionals, neither the intoxicated individual, nor the individuals(s) who assists will be subject to formal non-academic conduct sanctions with respect to the alcohol-related incident.  This policy offers a health focused response to the incident rather than a conduct consequence and does not excuse or protect those individuals or student organization members that deliberately or repeatedly violate the alcohol policy as outlined in the UAB Student Conduct Code.  

In order for this policy to apply:

  1. The reporting party must contact appropriate assistance as defined in the policy, remain with the intoxicated individual, and cooperate with staff in obtaining assistance for the student.
  2. The student receiving medical assistance and the student(s) initiating medical assistance must agree to a timely conversation with a Non-Academic Student Resolution Officer.
  3. If it is determined by a Non-Academic Student Conduct Resolution Officer that education activities, assessment, and/or treatment are necessary to address health and safety concerns, the student(s) will be required to pursue and complete such interventions.  Likewise, student organization members involved in an alcohol-related incident must agree to take recommended steps to address concerns. 

Serious or repeated alcohol-related incidents will prompt a higher degree of medical concern.    Failure to complete recommended follow-up will result in conduct action.  This policy only governs the application of the UAB Non-Academic Student Code of Conduct and has no status in other jurisdictions such as federal or state courts.  It should also be noted that this policy may only be invoked by a student at the time when his or her case is being heard or investigated by a Non-Academic Student Conduct Resolution Officer. 

A Non-Academic Student Conduct Resolution Officer will review the facts of the alcohol-related incident, initiate a meeting with students involved, and discuss/assign educational interventions.  If the student qualifies for medical amnesty, no conduct action will be taken.  A student who is referred for professional services, and who fails to comply with the referral instructions, or a student determined to be in need of a medical withdrawal may be subject to additional requirements. 

If a student is transported to an emergency medical treatment center for alcohol intoxication, the student's parents or guardians may be notified by the Assistant Vice President for Student Experience, the Director of Student Conduct, or a Non-Academic Student Conduct Resolution Officer if that is believed necessary to protect the health or safety of the student or others. 

If a student is involved in a subsequent (i.e., repeat) alcohol-related incident, the circumstances will be evaluated by the Assistant Vice President for Student Experience, the Director of Student Conduct, and/or a Non-Academic Student Conduct Resolution Officer to determine if the student qualifies for medical amnesty.  

This policy applies only to the UAB Student Housing & Residence Life Conduct Procedures and the UAB Student Conduct Code. Law enforcement agencies may act within their jurisdictions in enforcing the laws enacted by the State of Alabama, the United States, or any other state or nation where jurisdiction may be invoked.  Based on the totality of the incident, a Non-Academic Student Conduct Resolution Officer will make the final determination as to the applicability of this policy and reserves the right to reduce sanctions or dismiss charges. 
 

QUESTIONS 

For more information regarding the Medical Amnesty Policy, please contact The Office of Student Conduct at (205) 996-1512.